Copyright issues among the Cherokee Nation combine history, heritage, art, the U.S. Constitution, federal legislation, and the Cherokee Constitution and Tribal Code. In the Cherokee Nation Code, a two-volume set consisting of 80 titles, there are no references to copyright statutes, according to Justice Philip H. Viles, Jr. of the Supreme Court of the Cherokee Nation (Judicial Appeals Tribunal) .

Justice Viles, who is also a national authority on Statuary Hall in the U.S. Capitol, and who is completing his fourth degree (this one in library science) notes that the preamble to the Cherokee Constitution states that there can be no conflict with the U.S. Constitution. However, the independent character of the Cherokee Constitution offers the possibility of adding to the federal copyright laws. Any conflict with the federal statutes is decided in the Judicial Appeals Tribunal of the Cherokee Nation. While most of the Cherokee statutes address federal funding, statutes can be enacted in other areas, such as copyright. Overall, in the Cherokee legislative process, the chief suggests laws and the legislative branch, the Tribal Council, enacts them.

Artwork is one facet that presents copyright considerations. Among the artwork of Cherokee Willard Stone is the "Trilogy", and in particular "Exodus", a sculpture depicting the Trail of Tears of the Cherokees. It stands in Talequah, OK, the capital of the Cherokee Nation, specifically in the lobby of the Restaurant of the Cherokee near the information center. Pictures of it appear in Cherokee brochures and literature. The copyright for the work is held by the family of the late Willard Stone, according to Lynn Adair, tribal spokesperson. The family is very "strict" regarding their father's artwork, and they are cautious to grant permission for its use. Another of his works, "Lady of Spring," is on exhibit in the Jacqueline Kennedy Garden at the White House in Washington, DC, on loan from Gilcrease Museum in Tulsa, OK.

Another copyright issue surrounds the Tribal Seal, a seven-pointed Cherokee star. The copyright for the tribal logo is held by the tribe and permission to use it must be granted by the chief of the Cherokees, according to Adair. Sometimes such permission is granted, but not for the personal profit of the requestor. In one instance, a publisher wanted to use the Tribal Seal on a book cover. Consequently, permission was denied because the seal is not to be used for profit.

An additional copyright issue deals with the tribal newspaper, The Cherokee Advocate. To reprint articles and other material from the publication, the newspaper requires that permission be granted. They do, however, usually grant permission if proper credit is given to the newspaper.

On a more personal (yet related) note, Philip Viles is the author of the book, National Statuary Hall: Guidebook for a Walking Tour, recently published in its second edition. For the use of the photos in this book, Viles obtained permission from the architect of the Capitol for all but one of the 95 photos. He also obtained special permission for the photo depicting Swaggert of Colorado, the astronaut. Another photo in the book portrays Sequoyah of Oklahoma, a full-blooded Cherokee who invented the 85-character syllabary or alphabet for his people in 1821. The alphabet is now in the public domain.

In conclusion, the copyright issues in the Cherokee Nation follow those of the federal statutes, although the possibility of additional statutes exist. Concerns encompass artwork, the Tribal Seal, the tribal newspaper, and other publications.

by Lawrence Guthrie. Guthrie is interlibrary loan librarian, Covington & Burling, Washington, DC. He may be reached via e-mail at: lguthrie@cov.com.